CS/CS/CS/HB 435 – Administrative Procedures

• Requires agencies to publish notice of rule development within 30 days after a public hearing and file proposed rule within 180 days, or publish explanation for delay; limits agency reliance on unadopted rules unless feasibility statement is published.

• Enhances publication requirements in Florida Administrative Register for notices of rule development, proposed rules, and adoptions; requires certain agencies to provide email notifications to licensees about rulemaking activities.

• Establishes procedures for challenging unadopted rules and invalid rules as defenses in agency proceedings; prohibits administrative law judges from rejecting conclusions of law regarding unadopted rules unless clearly erroneous; allows petitioners to pursue separate collateral challenges.

• Prohibits agency action from being based on unadopted rules or rules that are invalid exercises of delegated legislative authority; revises deadline for filing appeals or petitions for review from "rendition" to "filing" of the order.

• Requires agencies to review and designate rules where violations would be "minor violations" by June 30, 2016; mandates agencies issue notice of noncompliance as first enforcement response for minor violations without fines or penalties.